Bounty hunters are often called bail enforcement agents, fugitive recovery agents, and surety agents. Many prefer these titles over "bounty hunter" because the field as a whole has developed dramatically from the times of being an industry with little over sight to one which requires training and licensing in many jurisdictions. "Bounty hunter" still seems to conjure images of gun slinging cowboys in classic western movies. Today, very few are as brazen as their Hollywood counterparts; many admit that what keeps them in the job is the "adrenaline rush" of the hunt.
Bounty hunters are hired by bail bondsmen to return fugitives to the custody of the courts. When a bondman issues a bond to get a person out of jail, the bondsman is making a financial promise to the courts that the arrested person will appear for his or her court date on the specified date at the specified time. When the fugitive fails to appear (or "skips", as it is called in the business), he or she becomes a fugitive, and a bounty hunter is hired to track down the fugitive so that the bondsman doesn't lose the money he gave to the court to secure the appearance. When a person applies for a bond to be released from jail, the bondsman will require upfront payment for a percentage of the full bond amount (usually ten percent). That money is held in reserve by the bondsmen in the event that the arrested person skips on his or her court date and is used to pay the bounty hunter. Essentially, a bounty hunter stands to earn ten percent of the bond issued. It is true that the bondsmen will recover the other ninety percent of the bond from the court, if the fugitive is returned, but he or she will only suffer a personal loss of ten percent. If the fugitive can't be returned to the courts, the bondman could lose the ninety percent. Just like any other aspect of the lending industry, the bondsman is in the business of taking risks. Interest paid on the bond from arrested persons who appear in court as they are supposed to and who pay their bills on time helps cover the costs of those who don't.
The bounty hunter will use a method of detection known as "skip tracing". Using basic investigative methods such as talking to friends and family members of the skip and conducting surveillance operations the bounty hunter will follow the clues that will lead to the apprehension of the fugitive.
Historically, bounty hunters were given their authority from the land mark U.S. Supreme Court case of Taylor v. Taintor (1872). From the case it was established that in the event that a person becomes a fugitive by failing to appear in court at the designated time and place, the principal (or bondsman) has the right to re-arrest the fugitive and return him or her to the courts. It also established that the bondman could transfer his or her authority to an agent acting on his or her behalf (and we now have a bounty hunter).
Each state has established their own bounty hunting laws, but a few have actually outlawed the process all together. Meaning that if you go into a state with the sole purpose of tracking down a fugitive, and / or if you apprehend a fugitive on behalf of a bail bondsman, and that state has outlawed the practice, you could be arrested and charged with attempted kidnapping and / or kidnapping, along with several other possible violations of statutes. On the good side, the number of states which have outlawed the practice is small. States where bounty hunting is authorized will usually have some kind of licensing or regulatory commission tasked with overseeing bounty hunters and regulating their actions. Many will require a certain number of hours of training and / or experience before a license to bounty hunt will be granted. Depending on what state you are in, you may also be limited in the use of weapons. While many states may not require it, liability insurance would be a good idea. Many times, if you are working for an established bail bond recovery company, you may be able to work under their insurance policies. If you are going at it alone, insurance policies can usually be found for a few hundred dollars a year (depending on state required limits on liability).
The only problem with bounty hunting as a full time job is that if the bondsmen in your area have no skips, then you don't have any work. The industry is simply too unpredictable to gauge how much work you will have in a given month. Even then, you'll only get paid if you find and arrest the fugitive. While time tested methods exist to make the bounty hunter's job easier, you have to realize that a person who does not want to be found will dedicate their every waking moment to flying under the radar. You have to learn to counter their attempts and stay on the trail.
Another thing to keep in mind is that even though the prospect of making a big pay day is possible, it is rare. Think of it this way. A person gets arrested and released on a 1 million dollar bond. They put up $100,000 (or ten percent) to the bondsman to secure their release but have no intention of going to court. A person with $100,000 to throw around will probably have the resources to run far and hide long. On the other hand, a person who can only afford $500 for a $5,000 bond probably won't get far. Before you go after the 1 million dollar bail jumpers, you may want to start off small, picking a few cases worth a couple of hundred dollars here and there.
One of the most important things to remember about bounty hunters is that even though they are granted the powers of "re-arrest" by the authority of the bondsman, it does not make them police / law enforcement officers in any regards. They are members of a private industry working for profit. Many bounty hunters have lost licenses by trying to impersonate police officers, believing it will garner them "extra cooperation" from the public. Don't get cocky. Do what you are allowed by law to do and nothing else. A good rule of thumb is to identify yourself by whatever title is listed on your license to practice. That way, you identify yourself only as the state which licensed you identifies you. It is also not recommended that you carry a badge. They are unnecessary and only further confuse the public. Many jurisdictions allow it, and the author carries one when he is on a hunt, but rarely displays it unless a member of the public specifically requests to see a badge. The state in which the author is licensed regulates the image of the badge, and he only shows the one which the state authorizes him to. Every time he presents the badge, he will say something to the effect of, "I do have a badge, but I am not a police officer, I work for a private bail company". It is recommended that you identify yourself by first and last name followed by the name of the company you are working for. This way, a person can not confuse your job to be affiliated with any public or official entity. Leaving a business card to every person you talk to can also help show that you are in fact just a private citizen. In some jurisdictions, it is enough that a reasonable person mistakes you for a police officer to constitute impersonating one, rather that was your intention or not.
Another good tip to remember is to always fully cooperate with the police. If you attempt to arrest somebody, and it turns into a struggle, a passerby may see you as an assailant and call the police. It's rare, but it happens. If the police ever begin to challenge you by ordering you to "stop", "put your hands up", or anything else, just do as they say. Even if you have to let one skip go, it is better to lose one skip than to lose your license (or even your life) all together because the police thought you were a bad guy who didn't want to listen to them.
If anybody ever tells you that bounty hunters are just renegade vigilantes, feel free to explain to them the important role which they play in the criminal justice process. In America, no person is guilty until proven so in court. Many people would rather not spend their time in jail waiting for a court date, so the law will give them the benefit of the doubt by allowing a bail bond to be secured. When a person fails to show up to court, tax dollars are wasted, court time is wasted, and judges are generally quite annoyed. The bounty hunter ensures due process for plaintiffs and defendants by ensuring that all parties of a suspected crime are present in court to state their cases. Since bounty hunters are paid with private money (the money originally posted by the arrested person), no tax dollars are used in returning fugitives to justice so that they may stand trial for their alleged crimes.
Also remember that bounty hunters generally do not have the luxury of back up being a radio call away. It would be smart to advise the police department in the area you will be working of every attempted contact with a fugitive. It is best that you don't work alone. The author knows of plenty of fresh bounty hunters who knock on the front door of a house and lose their skip when he or she slips out the back. Not to mention that if you do have to use physical force against a fugitive, going one on one with somebody who doesn't want to be caught can be a scary situation. A physical altercation with a fugitive is a rare occurrence, and many times you will be able to talk a fugitive into cooperating (some of them legitimately "forget" to show up for court), but it is better to be safe than sorry.
Each state is different, so study up on bail laws, talk to other bounty hunters in your area, and if you can, work under an experienced bounty hunter while you learn the trade yourself.
Bounty hunting will by no means make you rich (unless you get picked up by a television film crew to follow you around), but it is a fun and rewarding way to pull in a few extra bucks every month.
Sources:
Taylor v. Taintor. U.S. Supreme Court Center.
Published by T. Jay Kane
T. Jay Kane is the owner/operator of www.FreelanceWritingSvcs.com, a full service writing agency in the Pacific Northwest. The work presented here is offered as a digital portfolio of T. Jay Kane's professi... View profile
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